Complaining works: The Council considered Mr B deliberately and intentionally deprived himself of assets to avoid paying care charges to local authority. On investigation of a formal complaint by Mrs B, the local authority accepted their response to Mrs B’s complaint contradicts there initial assessment and agreed to write off the outstanding debt.

  1. The Care and Support Guidance 2014 explains how councils should assess a person’s financial contribution. It says:
    • People with care and support needs are free to spend their income and assets as they see fit, including making gifts to family and friends. This is important for promoting their well-being and enabling them to live fulfilling and independent lives. However, it is also important that people pay their fair contribution towards their care and support costs;
    • There are some cases where a person may have tried to deliberately avoid paying for care and support costs through depriving themselves of assets, either capital or income. In such cases, the Council may either charge the person as if they still possessed the asset or, if the asset has been transferred to someone else, seek to recover the lost income from that person;
    • The person must have known they needed care and support. Avoiding charges must have been a significant motivation in the timing of the disposal of the asset. The person must also have expected to have to make contributions towards his or her care charges.

You can read the full details here

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